Terms and Conditions
Table of Contents
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. For purposes of these Terms and Conditions, references to "Company" include the Company and its Affiliates unless the context requires otherwise.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to The Parallax Group International, LLC, 65 Enterprise, 4th Floor, Aliso Viejo, CA 92656.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Goods refer to the items offered for sale on the Service.
Order means a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service and the purchase of Goods.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Website refers to NORSK®, accessible from www.norsk-store.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern the use of this Service and constitute the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and the purchase of Goods. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
For all order related inquiries, please use the Contact Us section of the Website. Be sure to provide Your name, order number, order date and any pertinent details that may help Us better serve You.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email address, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) the information You supply to Us is true and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Acceptance
Your receipt of an electronic or other form of order confirmation or communication does not signify Our acceptance of Your Order, nor does it constitute confirmation of Our offer to sell. The Company reserves the right at any time after receipt of Your Order to accept or decline Your Order for any reason, or to supply less than the quantity You have ordered of any item.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for any reason, including but not limited to:
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Goods availability
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Errors in the description or prices for Goods
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Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected, or due to force majeure events (including acts of God, natural disasters, war, terrorism, or other circumstances beyond Our reasonable control), provided that We provide You with prompt written notice and a full refund of any amounts paid.
Your Order Cancellation Rights
Orders may be cancelled prior to shipment and are subject to a cancellation fee equal to the lesser of (i) 5% of the total purchase price or (ii) actual documented processing costs incurred by the Company, where permitted by applicable law. in processing the order, which will be deducted from Your refund. Orders that have been processed for shipping may not be cancelled and must follow Our return procedures if You wish to return the Goods, subject to applicable consumer protection laws that may provide additional cancellation rights.
To cancel an order, please Contact Us immediately to submit a cancellation request. You will need to provide Your order confirmation or sales receipt along with any other relevant details regarding Your request.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy, which forms a part of these Terms and Conditions.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them (ordinary wear from inspection excepted) or which are worn beyond opening the original packaging for reasonable inspection purposes will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice, except that prices and material terms will be honored for orders already accepted and confirmed by Us. Product images, colors, and specifications are as accurate as possible, but We cannot guarantee that Your device's display of colors accurately reflects the actual product colors. However, product dimensions and specifications will be accurate within industry-standard tolerances, and material deviations will entitle You to a return.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order only in the event of extraordinary occurrences affecting delivery caused by government action, variation in customs duties exceeding 10%, or other matters beyond the control of the Company that result in cost increases exceeding 15% of the order value. In that event, You will have the right to cancel Your Order and receive a full refund of all amounts paid.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
There is no surcharge for using Your credit card to make purchases. Please be sure to provide Your exact billing address and telephone number (i.e. the address and phone number Your credit card bank has on file for you). Incorrect information will cause a delay in processing Your order. Your credit card will be billed upon completion of Your order. All credit card transactions will be processed through "NORSK." Issued statements will read "The Parallax Group."
Sales Tax
The Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of California. Customers may be responsible for sales taxes or other taxes on orders shipped to states where We do not collect such taxes, in accordance with applicable law.
Address and Credit Card Information
Please note, if an alternate "ship to" address is provided at the time of check-out that does not reflect the same address as the "bill to," the issuing bank may require both addresses on file. Charges may be declined if the "ship to" is not on file. If this occurs, please contact Your bank to correct the issue and try to place the order again.
Shipping
Estimated Shipping Time & Order Tracking
Your order will be fulfilled out of Ontario, CA. Standard deliveries are shipped Monday through Friday. Orders are not shipped on weekends or holidays. Orders received after 12:00 p.m. PST weekdays will be processed the following business day.
Most orders are shipped via FedEx ground within 24-48 business hours after the order is received. Delivery can vary from 1-5 business days based on shipping location. East Coast deliveries may take up to 7-10 business days. A tracking number for Ground Carriers will be provided if an email address was supplied at the time of purchase. Orders that require Less-Than-Truckload (LTL) freight typically ship within 48-72 business hours after the order is received. Delivery can take 5-10 business days, however, residential delivery requiring appointments may take an additional day or two. Details on LTL freight can be found below.
Free Shipping
The Company ships only to addresses within the 48 contiguous United States. We do not ship to Alaska, Hawaii, Puerto Rico, other U.S. territories, or international destinations.
Notice - Additional Transportation and Delivery Fees May Apply
The Customer may incur additional transportation and delivery fees if:
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A refused delivery (with no damage) will result in a 25% fee of the total order.
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Address change after order is placed. Order is processing, unshipped - $25
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Re-Route order. Order is in transit – Quotation available upon request
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Only one re-route per order. Not available for all orders. Restrictions apply based on carrier and package location/availability
Less-Than-Truckload (LTL) Shipments
Basic freight costs are provided by the Company on orders that are required to ship via LTL freight. The Company will determine the most economical method of shipping.
What determines if my order ships Less-Than-Truckload (LTL) freight?
Many products are either heavy in weight or large in volume. In most cases, dimensions and weight determine the shipping method. Packages that go beyond the size and weight limitations of small parcels are usually sent via LTL freight.
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Less than (25) boxes of PVC tile it will ship ground service (FedEx/UPS)
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More than (25) boxes of PVC tile will ship LTL Freight
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Orders with a total weight exceeding 399 lbs. will ship LTL Freight
LTL Freight Shipping Options
The Company provides three (3) types of freight delivery options. At time of checkout, it is critical that you select the correct shipping option based on the delivery location of your order. Failure to disclose the correct freight shipping option may lead to delivery delays.
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Residential Freight Delivery with Liftgate – This freight shipping option is for orders requiring delivery to a residential address and requires the freight company to deliver your order using a truck with a liftgate to offload the product into a drop off area (like a garage if accessible).
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Commercial Freight Delivery with Liftgate – This freight shipping option is for orders shipping to a commercial address that DOES NOT have a loading dock accessible and/or a forklift onsite for unloading. The freight company will delivery your order using a truck with a liftgate to offload the product into a drop off area (e.g. at or near an entrance that is easily accessible for the freight company).
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Commercial Freight Delivery with no Liftgate – This freight shipping option is for orders shipping to a commercial location that has a loading dock and/or a forklift on premises.
Delivery Appointments
Freight company may contact you in advance to arrange for a delivery time window on the scheduled day of delivery. It is critical that you coordinate with the freight company to have someone onsite during the delivery window to accept the shipment. Failure to do so will result in delivery delays and may lead to incremental freight charges by the carrier.
NORSK Dealers
Effective 01/01/21 the NORSK Pre-Paid Freight Dealer Program was discontinued. Dealers have the option to ship on their own shipping account or pay a calculated shipping charge if purchasing online.
NORSK Dealers are required to disclose the type of “ship to” address at the time of purchase (e.g. commercial or residential). Failure to select the correct option at check-out may result additional fees charged by the carrier.
For more information on how to become a Dealer, please Contact Us.
Notice – Optional Liftgate Service
If an optional liftgate service is not requested, customers are required to unload the truck themselves.
LTL Freight Preparation
All LTL freight deliveries, whether residential or commercial address, are shipped on pallets and secured with stretch wrap.
Orders to a residential address must be specified when placing an order. The carrier will notify customers in advance (only if you selected “Residential Delivery”) to set up a delivery time and this may add a day to two for getting product from CA to your door. If the shipping location is a commercial address the carrier will not call to schedule delivery, but will show up during normal business hours.
LTL Order Tracking
An email will be sent to track Your order that includes the shipping company’s name and “PRO” number. An example would be "Roadrunner" (hyperlink is not functional at this time) followed by a 9 digit "PRO" number. To track Your order, you must go to the shipping company’s website directly. Copy and paste the Pro number within the tracking search tool to see approximately when Your order will arrive at Your local terminal.
We always try to ensure that your shipment arrives intact. However, accidents can and do happen. Whatever you do, DO NOT REFUSE THE SHIPMENT. It is your responsibility to check the shipment upon delivery. However, if the shipment is visibly damaged, please note all the damages on the delivery receipt. If you fail to note these damages, then we cannot file any claims against the delivery company. It is also advised that you take clear photographs of all the damages. Please Contact Us and send us a copy of all of your photos. We require these photographs within 24 hours of your shipment delivery in order to claim on damages. Any claims received after 24 hours of the delivery will be subject to review. We will not accept any claims submitted after 30 days of delivery. After the claim has been submitted, the Company will deal directly with the delivery company regarding a reimbursement for your damaged goods.
Return Policy
Notice -
Warranty information is available on the Website and is incorporated by reference into these Terms.
Please read Our Warranty Statement carefully. All warranty claims must be accompanied by a sales receipt. Product defects must be reported to the company or retail store where the item was originally purchased.
Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
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The Goods were purchased in the last 14 days
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The Goods are in the original packaging
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The Goods were not used or damaged
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You have the receipt or proof of purchase
The following Goods cannot be returned:
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The supply of Goods made to Your specifications, personalized or special order
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The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
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The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items
To submit a return, a Return Authorization Request must be submitted. No returns will be accepted without prior written authorization from The Parallax Group International, LLC.
The Parallax Group International, LLC shall determine, in its sole discretion, whether an item is defective. For defective items, the Company will provide a repair, replacement, or refund as required by applicable consumer protection law.
Non-defective Items
Return Authorizations will not be issued for opened, used, or unsealed non-defective merchandise. All items must meet the conditions for returns stated in this Section. If You would like to return Your non-defective item, You must submit a Return Authorization Request. Items must meet all Conditions for Returns, and approval is at the sole discretion of The Parallax Group International, LLC.
Non-defective packages will be inspected and verified by The Parallax Group International, LLC's personnel within fourteen (14) business days of receipt. Upon approval, if granted in The Parallax Group International, LLC's sole discretion, a refund will be initiated to the original payment method used for the order. In order to process Your return, You must provide a copy of Your original sales receipt or order confirmation. Returns without proof of purchase will not be accepted. Original shipping fees are non-refundable and will be deducted from the total refund amount. You are responsible for all return shipping costs. The Parallax Group International, LLC is not responsible for any items lost or damaged during return shipment.
All approved non-defective returns are subject to a restocking fee of fifteen percent (15%) of the total purchase price, except where prohibited by applicable law. The restocking fee will be automatically deducted from any refund issued following inspection of the returned item(s). This restocking fee is in addition to all non-refundable shipping and handling costs.
Customers are responsible for return shipping costs. Return shipping labels are not prepaid unless the return is due to a defect, damage in transit, or a shipping error by Norsk.
Gift Cards
Gift Cards are not eligible for return.
Returning Goods
Return Authorization Request
All Return Authorization Requests must be submitted within 14 days of receipt of product. Please attach a copy of Your order confirmation or sales receipt along with a detailed explanation of Your request.
You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods to the following address:
Norsk Returns Department
Norsk Order # (here)
5300 Ontario Mills Pkwy, Suite 100, Ontario, CA 91764
We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.
Gifts
If the Goods were marked as a gift when purchased and then shipped directly to you, You'll receive a gift credit for the value of Your return. Once the returned product is received, a gift certificate will be mailed to You.
If the Goods weren't marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, We will send the refund to the gift giver.
Refund Policy
For returns, refunds will be processed once items are received, inspected, and approved by the Company. Refunds will be initiated for order cancellations once the cancellation is confirmed by the Company. The Company reserves the right to withhold refunds until returned Goods have been received and inspected to verify they meet all return conditions.
Approved returns and/or confirmed cancellation refunds will be processed to Your original form of payment method within five (5) business days of approval. Depending on Your financial institution, it may take additional time for the refund to appear in Your account. The Company is not responsible for any delays caused by Your payment processor or financial institution.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
Personal information will be required to participate in certain contests, sweepstakes, and/or giveaways (individually and collectively, "Promotions") that We conduct on social media/networking websites including, but not limited to twitter.com, facebook.com, pinterest.com, instragram.com, and youtube.com (each, a "Social Media Site"), or on Our website. This information may vary but will typically include Your first and last name, mailing address (including city, state, zip code and country) and e-mail address. It may also include additional information, such as telephone number, fax number, and information about Your interests in and use of various products, programs and services. We will use any such Personal Information to contact You regarding Your interest in, or experience with, the Services, as well as for marketing purposes. If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You acknowledge that You are solely responsible for any unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Electronic Communications
By using the Service and providing Your email address or phone number, You consent to receive electronic communications from the Company, including emails and SMS/text messages regarding Your orders, account, promotional offers, and updates to these Terms and Conditions. Standard message and data rates may apply to SMS communications. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. You may withdraw Your consent to receive promotional emails or SMS messages by following the unsubscribe instructions in such communications (or by replying STOP to any text message), but You cannot opt out of receiving transactional or administrative emails related to Your account or orders.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
The use of any of Our intellectual property (including patents, trademarks, trade dress, and other intellectual property) without Our express written consent is strictly prohibited. Such intellectual property may not be used in connection with any product or service that is not The Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any the Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
Product Use and Assumption of Risk
Proper installation of flooring products is critical. The Company is not responsible for failures resulting from improper installation, subfloor conditions, or failure to follow installation instructions.
Product images are representative only. Natural variation in color and texture may occur. Samples are strongly recommended prior to large purchases.
You acknowledge and agree that:
(a) The Goods are intended for the purposes described in the product specifications and documentation. It is Your responsibility to ensure that the Goods You order are suitable for Your intended use.
(b) Proper installation of flooring products is critical to product performance and longevity. The Company is not responsible for any issues, defects, or failures resulting from improper installation, including but not limited to failure to follow manufacturer's installation instructions, inadequate subfloor preparation, incorrect adhesive use, or improper acclimation.
(c) You are solely responsible for ensuring accurate measurements and ordering sufficient quantities of Goods. The Company is not responsible for shortages, overages, or any costs associated with measurement errors.
(d) Flooring products may have natural variations in color, texture, and appearance. Product images on the Service are representative only and actual products may vary. We strongly recommend ordering samples before making large purchases.
(e) You assume all risk associated with the selection, installation, and use of the Goods. The Company shall not be liable for any personal injury, property damage, or consequential damages arising from the use or installation of the Goods.
(f) Any installation instructions, guidelines, or advice provided by the Company are for informational purposes only and do not constitute professional installation services. You are responsible for hiring qualified professionals for installation if needed.
(g) The Company makes no representations or warranties regarding the suitability of the Goods for any specific application, environment, or use case beyond those expressly stated in Our written product warranties.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Breaches include, but are not limited to: (i) providing false or misleading information; (ii) engaging in fraudulent activity; (iii) violating any applicable laws or regulations; (iv) interfering with the proper operation of the Service; (v) using the Service for any unauthorized or illegal purpose; or (vi) failing to pay amounts owed to the Company.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Termination does not relieve You of any obligations incurred prior to termination, including payment obligations.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to liability, or $300 or $500 (TBD) if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, or consequential damages. in no event shall the Company or its suppliers, affiliates, officers, directors, employees, agents, or licensors be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, loss of privacy, loss of goodwill, and any other pecuniary or non-pecuniary loss), except that nothing in these Terms shall exclude or limit liability for personal injury or death caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law arising out of or in any way related to the use of or inability to use the Service, the Goods, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. The Company shall provide prompt notice to You of any such force majeure event and shall use commercially reasonable efforts to mitigate the effects of such event and resume performance as soon as reasonably practicable. If such force majeure event continues for more than sixty (60) days, either party may terminate the affected obligations under these Terms upon written notice to the other party.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) Your violation of these Terms and Conditions; (ii) Your use of the Service or Goods in violation of these Terms, including but not limited to Your User Content; (iii) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Your violation of any applicable law, rule, or regulation; or (v) Your gross negligence or willful misconduct. You shall not be required to indemnify the Company for any claims arising from: (a) the Company's breach of these Terms; (b) the Company's negligence or willful misconduct; (c) defects in the Service or Goods provided by the Company; or (d) the Company's violation of applicable law.
This indemnification obligation will survive the termination of these Terms and Your use of the Service. The Company reserves the right, at its option, to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will reasonably cooperate with the Company in asserting any available defenses. If the Company does not assume such defense, You may defend the claim with counsel of Your choice, subject to the Company's right to participate in the defense at its own expense. You may not settle any claim subject to indemnification without the Company's prior written consent, which shall not be unreasonably withheld.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, U.S.A, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Subject to the arbitration provisions and exceptions set forth in these Terms, any action seeking legal or equitable relief arising out of or relating to these Terms that is not subject to arbitration will be brought only in the state or federal courts located in Orange County, California, and each party hereby consents to the exclusive jurisdiction and venue of such courts for such non-arbitrable disputes.
Disputes Resolution
Except as otherwise provided below, any dispute or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by a single arbitrator unless the amount in controversy exceeds $250,000, in which case the arbitration shall be conducted by three arbitrators.
Small Claims Exception: Either party may bring an individual claim in small claims court as an alternative to arbitration, provided the claim qualifies.
Arbitration Opt-Out: You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to customerservice@norsk-store.com
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both You and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
The arbitration will be conducted in the State of California. Each party will be responsible for paying its own costs and attorneys' fees and an equal share of the arbitrator's fees and administrative costs; however, the arbitrator may award attorneys' fees and costs to the prevailing party if authorized by applicable law or these Terms. The Company will advance or reimburse filing fees and other arbitration costs for claims under $10,000 unless the arbitrator determines the claims are frivolous. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our reasonable discretion, considering factors such as changes to core services, pricing, data usage, liability provisions, or dispute resolution mechanisms.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can Contact Us:
E-mail: customerservice@norsk-store.com
Phone: (888) 443-9058
Mail: The Parallax Group International, LLC.
65 Enterprise, 4th Floor Aliso Viejo, CA 92656